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Foreman v. Security Insurance Company of Hartford3/9/2000
sed its past payments; and 2) credited, under the subrogation law, as having advanced the payments of death benefits that would have otherwise been due to Denise Foreman and the five minor children. The only amounts still due are to Foreman in an amount that vested at the time of the worker's death. Foreman's position would, in effect, increase the vested amount, since Security would be required to pay benefits that it was, under the statute, entitled to consider as having been covered by the third-party settlement. The workers' compensation act was not intended to provide double recoveries. Estate of Padilla v. Charter Oaks Fire Ins. Co., 843 S.W.2d 196, 199 (Tex. App.-Dallas 1992, writ denied).
For the reasons stated, we affirm the judgment.
William J. Cornelius, Chief Justice
Date Submitted: February 7, 2000
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